Terms and Conditions

• 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of https://toughstumpuniversity.learnworlds.com/, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable U.S. and International intellectual property and other laws.
• 4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.

• 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
• 5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

• 9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:

• 9.1.1 You must not use obscene or vulgar language;
• 9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
• 9.1.3 You must not submit Content that is intended to promote or incite violence;
• 9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
• 9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
• 9.1.6 You must not impersonate other people, particularly employees and representatives of https://toughstumpuniversity.learnworlds.com/or Our affiliates; and
• 9.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".

• 9.2 You acknowledge that https://toughstumpuniversity.learnworlds.com/ reserves the right to monitor any and all communications made to Us or using Our System.
• 9.3 You acknowledge that https://toughstumpuniversity.learnworlds.com/ may retain copies of any and all communications made to Us or using Our System.
• 9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.

• 10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Websiteyou represent and warrant that:

• 10.1.1 all information you submit is accurate and truthful;
• 10.1.2 you have permission to submit Payment Information where permission may be required; and
• 10.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.

• 10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
• 10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
• 10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.

• 11.1 Either https://toughstumpuniversity.learnworlds.com/or you may terminate your Account. If We terminate your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, We reserve the right to terminate without giving reasons.
• 11.2 If We terminate your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

• 12.1 Whilst every effort has been made to ensure that all general descriptions of Services available fromhttps://toughstumpuniversity.learnworlds.com/ correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.8 for incorrect Services.
• 12.2 Where appropriate, you may be required to select the required Plan of Services.
• 12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
• 12.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
• 12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.

• 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between https://toughstumpuniversity.learnworlds.com/ and you.
• 13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:

• 13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
• 13.2.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
• 13.2.3 Relevant times and dates for the provision of the Services;
• 13.2.4 User credentials and relevant information for accessing those services.

• 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
• 13.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
• 13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
• 13.6 https://toughstumpuniversity.learnworlds.com/shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
• 13.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
• Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
• 13.8https://toughstumpuniversity.learnworlds.com/provides technical support via our online support forum and/or phone. https://toughstumpuniversity.learnworlds.com/ makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.

• 14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between https://toughstumpuniversity.learnworlds.com/ and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: TSTU@TOUGHSTUMP.COM. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.

• 14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:

• 14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
• 14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.

• 14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.

• 16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.
• 16.2 We may use your personal information to:

• 16.2.1 Provide Our Services to you;
• 16.2.2 Process your payment for the Services; and
• 16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.

• 16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should use and hold your personal information accordingly.
• 16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

• 17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
• 17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
• 17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
• 17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

• 19.1 The Website is provided “as is” and on an “as available” basis. https://toughstumpuniversity.learnworlds.com/uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
• 19.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

• 20.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
• 20.2 Nothing in these Terms and Conditions excludes or restrictshttps://toughstumpuniversity.learnworlds.com/ liability for death or personal injury resulting from any negligence or fraud on the part of https://toughstumpuniversity.learnworlds.com/.
• 20.3 Nothing in these Terms and Conditions excludes or restricts https://toughstumpuniversity.learnworlds.com/'s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
• 20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

• 24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to TSTU@TOUGHSTUMP.COM. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
• 24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

  Tough Stump Technologies, LLC

Tough Stump University Terms of Service and Support

Revised March 1, 2026

WHAT WE DO.Tough Stump Technologies, LLC originates and otherwise makes available a variety of instructional content, quizzes, tests and certifications through its Tough Stump University (“TS University”) platform. Many of these courses of instruction were built from years of operational use while active duty in the United States Military.   The learning material is hosted on LearnWorlds Learning Management System (“LMS”) and is compatible across most internet enabled devices.

I.                           BASICAPPLICABILITY

II.                        TST RESPONSIBILITIES

III.                  CUSTOMERAND RESPONSIBILITIES

IV.                 TERMS OF USE

V.                     MUTUALCONFIDENTIALITY

VI.                 WARRANTYANDDISCLAIMER

VII.                LIMITATIONSOF LIABILITY

VIII.             GENERAL

IX.                   COMPLETEAGREEMENT

I.  BASICAPPLICABILITY.

This document (the “Agreement”) contains Terms (“Terms”) for Tough Stump Technologies, LLC (“TST”, “we”, “us”, “Company” and “our”) and  the individuals and, if applicable, entity, that has purchased and/or will access or use TS University (“Customer”, you”, “your”, and “yours”).TST and Customer are subject to these Terms which applies to our products; Customer acknowledges that it has read, understood, has the authority and agrees tocomply with these Terms of Use by purchasing, accepting, registering for and/or using TS University, without any further action being required by Customer (or, as applicable, its representatives).

II.  TST RESPONSIBILITIES

Scope TST maintains the LMS and content.    Consistent with and subject to Paragraph IV of this Agreement, Terms of Use, TST offers a limited, conditional warranty on TS University, as described in Paragraph VI, Warranty and Disclaimer. The product(s) purchased by Customer are not returnable or refundable unless expressly agreed by TST in writing. 

III.  CUSTOMERANDINDIVIDUAL AUTHORIZED USERRESPONSIBILITIES

Authority Customer warrants that it has the right to enter into this valid and bindingAgreement and to authorize performance contemplated thereunder. If an individual has purchased TS University for or on behalf a legal entity, such individual acknowledges and agrees that it has the authority to bind such legal entity to this Agreement and does hereby bind such legal entity to this Agreement.

Authorized Individual End Users Customer warrants that all individual end users of TS University will be Authorized Users.  An Authorized User is a person who has received TS University access in accordance with TST’s policies/procedures and this Agreement (“Authorized User”).  Upon request, Customer will provide TST with validation that only Authorized Users are utilizing TS University. Customer further warrants that, to the extent applicable to the courses or related materials purchased and/or accessed by Customer or its Authorized Users, Customer and such Authorized Users are authorized to access and use such courses and related materials through TS University in accordance with applicable laws, rules and regulations.

Unauthorized Use Customer shall not allow anyone to access to TS University or permit a third party to cause or permit the reverse engineering, disassembly, or any similar manipulation or attempt to discover source codes; bypass, alter, or tamper with security features or create any derivative work of TS University; If you become aware of or reasonably suspect any of the above unauthorized uses, you shall immediately notify TST in writing. Customer shall not allow any third party to: give, sell, rent, lease, sublicense, disclose, publish, assign, market, sell, display, transmit, broadcast, transfer or distribute any portion of TS Universityto anyone; circumvent, disable, or otherwise interfere with TS University. Customer warrants that it shall at all times comply with all applicable laws, rules and regulations in connection with its receipt and use of TS University, including without limitation any applicable export restrictions. Customer is liable for the acts of its employees, agents and other end users to whom it issues or provides access to TS University and of anyone acting on Customer’s behalf using TS University with respect to any breach or violation of this Agreement.

Due Care Customer is responsible for ensuring that individual users are authorized users through the TS University course of instruction. EachTS University user’s account will be monitored.    

IV.  Terms of Use

TST Troubleshooting Services Obligation TST will take commercially reasonable efforts to ensure troubleshooting services are available at reasonable times except for unavailability caused by circumstances beyond our reasonable control or that are not reasonably foreseeable.  TST will respond to all written troubleshooting requests as soon as reasonably practicable, but in any event within three (3) business days of receipt, and we will use commercially reasonable efforts to provide timely and reasonable technical support in respect thereof.  For requests received via text message, encrypted messaging platforms, or other means, TST will make a good faith attempt to respond within twenty-four (24) hours of receipt, though TST does not consider request using these communication platforms a formal troubleshooting request. Notwithstanding the foregoing or anything herein to the contrary, TST provides no guarantee or other assurance that it can, at any time or from time to time, provide troubleshooting support or resolve any particular troubleshooting issue(s).

Reservation of Rights As between TST and Customer. Title and full, exclusive ownership rights in TS Universityand allreproductions, corrections, modifications, enhancements and improvements, and all related patentrights, copyrights, trade secrets, trademarks, service marks, and related goodwill (collectively, the “TST Intellectual Property”), are the sole and exclusive property of TST and/or its third party licensors. Use of TS Universityor related troubleshooting services does not conferany rights in or to the TST Intellectual Property or our other technology or intellectual property, other than the limited right of use TS Universityin accordance with the terms and conditions of this Agreement.

Survival Intellectual property, ownership, warranties, confidentiality obligations, liability limitations and any other terms, which by their nature are meant to survive the termination of this Agreement, shall so survive any termination  orexpiration ofthis Agreement.

V.  CONFIDENTIALITY

Customer acknowledges that (i) the terms and conditions of this Agreement, (ii) all TST Intellectual Property; (iii) all information obtained by TST in connection with the provision of troubleshooting support to Customer hereunder; and (iv) all data obtained by TST in connection with Customer’s use of TS University, shall be deemed the confidential and proprietary information of TST (collectively, the “Confidential Information”). Customer agrees that it shall only be permitted to use or disclose such Confidential Information as is strictly necessary to use TS University in accordance with the terms and conditions of this Agreement, and shall have no other rights, title or interest in or to such Confidential Information.

VI.  WARRANTYAND DISCLAIMERS.

The TS University training courses are protected through an LearnWorlds license agreement and will not be shared outside of TST, LearnWorlds LMS and Authorized Users.

TST DOES NOT warrant LearnWorlds LMS or any LearnWorlds LMS third party sourcing or software.

TS University is provided on an “AS IS” basis and TST makes only a limited and conditional warranty that TS University is free from any material defects in its operation and functionality. TST will provide troubleshooting support for issues or defects covered by the aforementioned warranty, provided that TST’s may also, at its election in its sole discretion, replace or refund Customer for the applicable product(s) covered by such warranty in lieu of providing troubleshooting support. Only the Customer, and not any third party, may make a warranty claim under this Agreement and only for the product(s) it purchased from TST in connection with this Agreement. TST makes no representations or warranties whatsoever regarding LearnWorlds LMS and expressly disclaims any obligation or liability with respect to the function (or lack thereof) of LearnWorlds LMS or its use in connection with accessing or using TS University.

All TS University courses and related materials (“Content”) are provided solely for general educational and informational purposes. The Content is not intended to constitute, and shall not be construed as, professional advice of any kind, including without limitation medical, health, safety, legal, tax, financial, engineering, technical, or other professional advice.

No fiduciary, advisory, or professional relationship is created between you and the TST by virtue of your access to or use of the Content. You acknowledge and agree that you are not relying on the Content as a substitute for independent professional judgment, consultation, or advice from a qualified professional in the relevant field. You are solely responsible for evaluating the accuracy, completeness, and usefulness of any information provided and for determining whether it is appropriate for your specific circumstances. You assume full responsibility for all decisions, actions, and results arising from or related to your use of the Content. Any implementation of techniques, strategies, instructions, or recommendations described in the Content is undertaken at your own discretion and risk.

CERTAIN CONTENT MAY INVOLVE SUBJECT MATTER THAT CARRIES INHERENT RISKS, INCLUDING BUT NOT LIMITED TO PHYSICAL ACTIVITY, USE OF TOOLS OR EQUIPMENT, OUTDOOR ACTIVITIES, MECHANICAL PROCESSES, OR OTHER ACTIVITIES THAT MAY RESULT IN PERSONAL INJURY, PROPERTY DAMAGE, ILLNESS, OR DEATH. YOU ACKNOWLEDGE THAT:

1.      SUCH ACTIVITIES MAY BE DANGEROUS;

2.      YOU ARE SOLELY RESPONSIBLE FOR ASSESSING YOUR PHYSICAL CONDITION, ENVIRONMENT, EQUIPMENT, SKILL LEVEL, AND PREPAREDNESS BEFORE ENGAGING IN ANY SUCH ACTIVITY;

3.      YOU SHOULD CONSULT APPROPRIATE QUALIFIED PROFESSIONALS BEFORE UNDERTAKING ANY ACTIVITY THAT MAY AFFECT YOUR HEALTH, SAFETY, OR LEGAL RIGHTS; AND

4.      YOU VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, ASSOCIATED WITH APPLYING OR ATTEMPTING TO APPLY ANY INFORMATION FROM THE CONTENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TST MAKES NO OTHER WARRANTIES TOCUSTOMERS OR ANY THIRD PARTY, WHETHER EXPRESS   OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, AND WARRANTIESARISING OUT OFCOURSEOF DEALING ORTRADEUSAGE, AND ALL SUCH OTHER WARRANTIES ARE HEREBY DISCLAIMED IN THEIR ENTIRETY.  THE EXPRESS LIMITED WARRANTY SET FORTH HEREIN, AND TST EXPRESS OBLIGATIONS WITH RESPECT THERETO, SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIMS THAT ARE COVERED BY OR OTHERWISE WITHIN THE SCOPE OF SUCH LIMITED WARRANTY.

VII.  LIMITATIONSONLIABILITY

Limitation on Liability Except for the case of TST’s gross negligence, fraud or willful misconduct, and to the maximum extent permitted by applicable law, TST is not liable to Customer or any third party for any punitive, consequential, exemplary, indirect or similar damages, including without limitation any damages for lost profits, revenues, savings, business opportunity,loss of data or goodwill, computer damage or system failure or the cost of substitute services of anykind arising out of or in connection with Customer’s use of TS University or these Terms, whether based on warranty, contract, tort, product liability or another legal theory, andwhether or not TST or any other party has been informed of the possibility of damage, even if a   limitedremedy set forthherein has failed.  IN NO EVENT WILL TST’S AGGREGATE LIABILITY IN CONNECTION WITH CUSTOMER’S PURCHASE, RECEIPT OR USE OF TS UNIVERSITY, OR OTHERWISE IN CONNECTION WITH TST OBLIGATIONS UNDER THIS AGREEMENT, EXCEED THE FEES ACTUALLY PAID BY CUSTOMER FOR TS UNIVERSITY IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM OR LIABILITY IS BASED, AND WHETHER OR NOT THE OTHER PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 

VII.  GENERAL

WaiverofRights Either party’sfailuretoenforce anyrightorprovisionof theTermswillnotbe consideredawaiver ofsuch right or provision.

Severability If any provision of this Agreement is held invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by applicable law and consistent with the parties intentions with respect thereto, and the remaining  provisionsof this Agreement will remain in fullforceandeffect.

Relationship of the Parties The parties are independent contractors; nothing in this Agreementestablishes a partnership, joint venture or agency relationship between the Parties.Neither Party hasauthorityto bind the other withoutthe other party’spriorwrittenconsent.

NoThird-PartyBeneficiaries Except as expressly set forth in the last paragraph of this Section VII, thisAgreementdoesnotconferrights,benefits,remedies,obligations,orliabilitieson anyperson otherthan the parties hereto, their successorsand assignees.

Force MajeureNeither Party will be responsible for any failure or delay in the performance of itsobligations under this Agreement (except for any payment obligations) due to causes beyond itsreasonable control, which may include, without limitation, labor disputes, strikes, lockouts, shortagesoforinabilitytoobtainenergy, rawmaterialsorsupplies,denial ofservice orothermaliciousattacks,telecommunications failure or degradation, pandemics, epidemics, public health emergencies,governmental orders and acts (including government-imposed travel restrictions and quarantines),materialchanges in law,war, terrorism, riot,or acts of God, provided that (i) the delayed party provides reasonable notice of such delay and the cause thereof to the other party and (ii) such delay is remedied by the delayed party as soon as reasonably practical.

Equitable Relief If a party’s breach or threatened breach would cause the other party irreparable harmand significant damages for which there may be no adequate remedy under law and that, in the eventof such breach or threatened breach, the other party will have the right to obtain immediate equitablerelief, including a restraining order, an injunction, specific performance and any other relief that maybe available from any court with competent jurisdiction, without regard to conflicts provisions and without any requirement to post a bond or other security, or to proveactualdamages or that monetary damages arenotan adequate remedy.

Governing Law These Terms will be governed by, and construed and enforced in accordance with, the laws of the State of North Carolina, excluding conflicts of law principles. Except in the case of a party seeking equitable relief as set forth above, exclusive jurisdiction for any lawsuit in connection with these Terms shall be in the state or federal courts located in Moore County, North Carolina.

Customer Hold Harmless / Indemnification ResponsibilitiesCustomer will indemnify, defend and hold harmless TST and its managers, officers, employees, equityholders, contractors, representatives and other agents from and against any and all claims, causes of action, damages, judgments, fines, penalties, costs and expenses (including, without limitation, attorneys’ fees) arising from or relating to Customer’s or its agents’: (i) use of our products (as than with respect to a claim that the TST Intellectual Property, as incorporated in the products at the time of delivery to Customer, infringes, misappropriates or otherwise violates any third party’s rights);(ii)access,storage,processing,exposure, or disclosure of information resulting from the use of the products; (iii) breach or violation of anystateorfederal or host nation laws, rules,orregulations; and (iv) breach or violation of this Agreement.

Trademarks, Names and Likeness The parties to this Agreement shall not use the other’s name, mark, or other likeness without express written consent.

Entire Agreement; Assignment These Terms constitute the entire Agreement between Tough Stump Technologies, LLC, and you. Neither party may assign ortransfertheAgreement without the other party’s priorwrittenconsent.

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